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Thorner Plaintiff against Field Defendant

Nominate Series Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 80 E.R. 816

IN THE COURT OF KINGS BENCH

Thorner Plaintiff against Field Defendant

thoener Plaintiff against field Defendant. An action upon the case for a promise, &c. In an action upon the case, grounded upon a promise, upon nori assumpsit pleaded, a verdict was given for the plaintiff. It was moved for the defendant in arrest of judgment, that the declaration was not good, for want of a good consideration therein expressed, and for this, the case appeared to be, that the plaintiff sold a horse to another for five marks, the defendant being there present, did then and there say, that in consideration of the said sale, (if the party to whom the horse was sold by the plaintiff) if he did not pay him for the same, that the defendant did promise him he would see him paid for the same : upon non-paiment of this mony by the defendant, according to his promise, the plaintiff brought his action, and had a verdict for his mony: the fault assigned in the declaration, for to arrest the judgment, was, for that it is not expresly laid in the declaration, that the sale was so made at the instance and request of the defendant, and this promise is also laid to be after the sale of a horse was past, and perfected, and so [121] no good consideration to raise a promise. Williams Justice, If one hapned to be in Cheap-side in a mercers shop, and there buying of silks, velvets, or other commodities, and after he hath bought them, another being then there present, saith unto the mercer, that if he do not pay you for them same, I will. Or if one do borrow 1001. of another person, one being there present, saith unto him which did lend the money, if he do not pay you, I will: notwithstanding all this, be so said, yet this promise in law, will not charge him, unless he saith, (and that it be so expresly said in the declaration) that he used these words (s) deliver unto him, or such a one, at my request and desire, such velvets, or such a sum of money, or any thing else whatsoever, and if he do not pay you for the same, then I will pay you for the same: such a promise made in this manner, will well charge him, but otherwise not, (as in...

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